Smt. Shaikh Karima Wd/O Shaikh ... vs Rajesh S/O Yeshwantrao Mandape
2023 Latest Caselaw 4519 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR

                                         Writ Petition No.2887/2023
                                        Smt. Shaikh Karima V Rajesh
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                    Court's or Judge's Orders
or directions and Registrar's orders.
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                 Mr. N.Z. Mirza, Adv for petitioners.

                                           CORAM : AVINASH G GHAROTE, J.

DATE : 02-05-2023

Heard learned Counsel for the petitioner.

2. The petition challenges the concurrent findings of the Courts below regarding the bonafide need of the landlord of the tenanted premises. It is submitted, that though the plot area is 3000 sq.ft and the landlord in his cross examination (pg 48) admitted that the portion in his possession is of area 750 sq.ft. and the rest of the area being in possession of other tenants, no proceedings have been initiated against the other tenants. It is also contended that the impugned judgments do not consider the position of comparative hardships in his correct perspective.

3. Issue notice for final disposal, returnable on 12-06-2023.

4. The petitioner to serve the respondents by

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all modes permissible in law including hamdast.

5. Till the return date there shall be stay in terms of prayer clause (c).

JUDGE

Deshmukh